Bryant, Higby & Barr - Attorneys At Law

Medical malpractice suit awards mother and children $3 million

Recognizing symptoms is an important part of a doctor's job and many Florida residents, and others living across the nation rely on that knowledge in order to remain healthy and to make informed medical decisions. There are cases, however, where doctors miss what may later appear to be an obvious diagnosis. A missed diagnosis can sometimes have disastrous results for the patient and his or her family, and may often lead to the filing of a medical malpractice lawsuit.

A mother and her children were recently awarded $3 million regarding their medical malpractice claim. This lawsuit was filed after doctors failed to diagnose a pulmonary embolism, which caused her husband's death in 2011. He had fallen from the cab of his truck and ruptured a tendon in his left leg, and underwent surgery to repair the damage. However, after the surgery, he suffered multiple symptoms including chest pain, difficulty breathing, tachycardia and swelling of his injured leg. 

Neither the doctor nor physical therapist recognized the symptoms. It was later revealed that once the patient began showing these symptoms doctors should have performed tests in order to rule out any life-threatening causes, like blood clots. The jury decided that had the doctors and therapist recognized the symptoms and provided the appropriate treatment, then the patient's life could have been saved. 

Families across the nation, including Florida, rely on the knowledge and advice provided by doctors, and when doctors fail to correctly diagnose a patient, the entire family may suffer the consequences. These mistakes may entitle some victims and their families to compensation for costs of treatment, pain and suffering, loss of income among other monetary damages. People who are considering filing a medical malpractice suit typically benefit from speaking with an attorney.

Source:, "Elmhurst man's family receives $3M verdict in Elmhurst Hospital medical malpractice case", Nov. 21, 2017

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Awards & Memberships

  1. RATED BY Super Lawyers | Clifford C. Higby | Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.
  2. AV 1 | PREEMINENT | Peer Rated for Highest Level of Professional Excellence AV Preeminent®AV Preeminent® is a significant rating accomplishment – a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence.
  3. RATED BY | Super Lawyers | Rising Stars | Kevin D. Barr | Rising Stars, Super Lawyers, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement.
  4. Florida Justice Association The Florida Justice Association is dedicated to strengthening and upholding Florida's civil justice system and protecting the rights of Florida's citizens and consumers.
  5. The Florida Bar 1950 | Mr. Higby was the former Chairman of the Trial Lawyer’s Section of The Florida Bar The Florida Bar is the integrated bar association for the state of Florida. Its duties include the regulation and discipline of attorneys. Mr. Higby was the former Chairman of the Trial Lawyer’s Section of The Florida Bar.
  6. AMERICAN ASSOCIATION for JUSTICE The American Association for Justice, is a nonprofit advocacy and lobbying organization for plaintiff's lawyers in the United States. AAJ's stated mission is to "promote a fair and effective justice system."
  7. BAR REGISTER PREEMINENT LAWYERS | Martindale-Hubbell Bar Register is widely regarded within the legal profession as a signal honor, conferred on a lawyer by his or her peers. The Martindale Hubbell Bar Register has listed lawyers who have earned the respect of the profession.
  8. ABA | AMERICAN BAR ASSOCIATION The American Bar Association, is a voluntary bar association of lawyers and law students, which builds the expertise of its members, protects the independence of the legal profession and advocates for justice in the United States and the world.

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